New Mexico Attorney General Raúl Torrez is intensifying his legal efforts against landowners obstructing public access to the Pecos River. This week, Torrez's office sought a court order requiring landowner Erik Briones to justify why he should not be held in contempt.
Last year, the New Mexico Department of Justice (NMDOJ) filed a lawsuit against Briones for allegedly threatening the public attempting to use the river on his property. Despite agreeing earlier this year to remove barriers and cease threats, Briones has reportedly failed to comply.
The NMDOJ has now expanded its lawsuit to include two additional landowners, Richard and Jean Jenkins, accusing them of similar obstructions. "Today’s legal action underscores our unwavering commitment to safeguarding the public’s right to access New Mexico’s streams and waterways," stated Attorney General Torrez.
Torrez further commented on Briones' actions: “Despite our attempts to educate and inform the defendants, they have chosen to ignore the law and continue obstructing public access... By filing this amended lawsuit, we are sending a clear message: We will not tolerate violations of the law.”
In 2022, the New Mexico Supreme Court affirmed that while public water usage is allowed, trespassing across private lands remains prohibited. The ruling was a response to challenges from several outdoor groups against a regulation permitting landowners to restrict stream access over their properties.
Briones and other landowners recently filed a federal lawsuit claiming state enforcement constitutes an uncompensated taking of property rights. However, NMDOJ seeks dismissal of this suit, arguing that no such exclusion rights existed for landowners.
Support for Torrez's actions comes from various organizations. Jesse Deubel of the New Mexico Wildlife Federation praised Torrez's commitment against private barriers. Norm Gaume from the New Mexico Paddlers Coalition and Scott Carpenter of Adobe Whitewater Club echoed support for enforcing public rights.
The NMDOJ continues investigations into any violations of constitutional stream access rights by other property owners. Complaints about obstructions can be submitted through their website.